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Reso 0392-11/1974 RESOLUTION NO. 392 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN MARCOS COUNTY WATER DISTRICT ORDERING ANNEXATION OF CERTAIN TERRITORY TO THE SAN MARCOS COUNTY WATER DISTRICT AND TO IMPROVEMENT DISTRICTS NO. 1, 2, 5, 6 AND A OF THE SAN MARCOS COUNTY WATER DISTRICT "LA SIERRA ESTATES ANNEXATION" RECITALS WHEREAS, a petition signed by the landowners on August 26, 1974 seeking the annexation of certain territory to the San Marcos County Water District was presented to the Local Agency Formation Commission, County of San Diego, State of California. WHEREAS, on the 4th day of November, 1974, the Local Agency Formation Commission authorized the annexation of the territory to the San Marcos County Water District and to Improve- ment Districts 1, 2, 5, 6 and A of the San Marcos County Water District subject to certain terms and conditions, by Resolution entitled "Resolution of the Local Agency Formation Commission Approv- ing a Proposed Annexation to the San Marcos County Water District 'La Sierra Estates Annexation' [CO(a) 74-74]", WHEREAS, the legal description of the territory to be annexed to the San Marcos County Water District is set forth in Exhibit "A" attached hereto and incorporated herein, WHEREAS, the terms and conditions of the annexation, as authroized by the Local Agency Formation Commission are set forth in Exhibit "B" attached hereto and incorporated herein, WHEREAS, one of the terms and conditions of the annexa- tion to the San Marcos County Water District requires the Vista Irrigation District to detach Lots 18, 19, 20, and 21, within the area to be annexed to the San Marcos County Water District, and further provides that the San Marcos County Water District is to provide water service to said Lots 18, 19, 20 and 21 and sewer service to the entire area annexed to the San Marcos County Water District, -1- Resolution No. 392 WHEREAS, the legal description of Lots 18, 19, 20 and 21 which are encompassed within the area to be annexed and which are to be provided water as well as sewer service by the San Marcos County Water District is the area set forth in the legal description attached hereto and incorporated herein as Exhibit "C", WHEREAS, the territory to be annexed is uninhabited and the Local Agency Formation Commission has approved a Negative Declaration prepared by the County of San Diego for this annexation and has designated the San Marcos County Water District as the con- ducting district and has authorized the Board of Directors of the San Marcos County Water District to conduct annexation proceedings in compliance with Local Agency Formation Commission Resolution, referred to above, without notice and hearing and without an election, WHEREAS, the owners of the land described in this Resolution have advanced to the Secretary of the San Marcos County Water District the costs of this annexation, including but not limited to advertising, engineering and attorneys' fees, WHEREAS, the inclusion of said land in the San Marcos County Water District will be for the best interest of the district, WHEREAS, the inclusion of said land within the San Marcos County Water District will be for the best interest of the land, NOW, THEREFORE, the Board of Directors of the San Marcos County Water District, in compliance with the requirements of the District Reorganization Act and the determination of the Local Agency Formation Commission, DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The recitals set forth above are true and correct. Section 2: In consonance with the conditions set forth in Exhibit "B", the territory described in Exhibit "A" should be, and is hereby ordered, annexed to the San Marcos County Water District and to Improvement Districts 1, 2, 5, 6 and A of the San Marcos County -2- Resolution No. 392 Water District and Lots 18, 19,20 and 21, as more specifically de- scribed in Exhibit "C", having been detached from the Vista Irriga- tion District, are to be provided water service by the San Marcos County Water District. Section 3: The Secretary of the San Marcos County Water District is hereby directed to certify to the passage of this resolution, to prepare an executed Certificate of Completion and to file said certificate with the Secretary of State pursuant to the requirements of Section 56451 and Section 56452 of the Government Code and, upon receipt of the Secretary of State's Certificate of Filing, the Secretary is further directed to record with the County Recorder of the County of San Diego a counterpart original of the Secretary's Certificate of Completion and the original or a counterpart original of the Secretary of State's Certification of Filing pursuant to Section 56453 of the Government Code of the State of California. Section 4: The Secretary is further directed to forward copies of this resolution and a map or plat indicating the. boundaries to the Board of Supervisors of the County of San Diego, for filing with the County Assessor and to the State Board of Equalization in Sacra- mento as required by Sections 54900 and 54902 of the Government Code. Section 5: The Secretary is further directed to forward copies of this resolution and a map or plat indicating boundaries to the Assessor, County of San Diego, to the Registrar of Voters, County of San Diego, and to the County Recorder, County of San Diego. PASSED, ADOPTED AND APPROVED this 18th day of November, 1974, at a regular meeting of the Board of Directors by the following roll call vote: AYES: Directors: Dutton, Vanderbeck, Dow NOES: Directors: Mahr and Blanchard ABSTAIN: Directors: None ABSENT: Directors: None idn ~ Pre t of't~e Board of Directors ATTEST: of San MarCcs County Water District ~/~~ter Distr~ -3- Resolution No. 392 EXHIBIT "A" LEGAL DESCRIPTION The northerly half of Lot 4 and street adjacent in Block 108 of Rancho Los Vallecitos de San Marcos, in the County of San Diego State of California, according to Map thereof No. 806 filed in the office of the County Recorder of San Diego County, December 21, 1895, more particularly described as follows: Beginning at the most southwesterly corener of Sunshine Park Unit No. 3, according to Map thereof No 4876, filed in the office of the County Recorder of San Diego County, November 14, 1961, said corner also being the most northwesterly corner of said Lot 4; thence easterly along the northerly lot line of said Lot 4, also being the southerly boundary of said Sunshine Park Unit No. 3, south 67°55'16'' east 680.44 feet; thence south 22°09'03'' west 264.89 feet; thence north 67~55'19'' west to the center line of Las Flores Drive as shown on said Map No. 806, thence northeasterly along said center line to the northwesterly prolongation of the northeasterly line of said Lot 4; thence southeasterly along said prolongation to the point of beginning. -4- Resolution No. 392 EXHIBIT "B" CONDITION(S) 1. The Description of the boundaries of the territory shall be modified so as to conform to the description as set forth in Exhibit "C" hereto attached. 2, (a) That prior to the completion of annexation pro- ceedings, an application be submitted to this Commission for the detachment of the territory designated as Lots 18, 19, 20 and 21 from the Vista Irrigation District. (b) That the Vista Irrigation District not impose or collect any detachment fees, except those amounts necessary to cover expenses, if any, for advertizing, engineering, and attorneys' fees, and those fees required by the State Board of Equalization and this Commission; (c) That the territory to be annexed be concurrently annexed to the San Marcos County Water District's Improvement District 1, 2, 5, 6 and A; (d) That the territory designated as Lots 18, 19, 20 and 21 also be annexed to the San Marcos County Water District for water service. -5- Resolution No. 392 EXHIBIT "C" LEGAL DESCRIPTION That portion of the Northerly Half of Lot 4, in Block 108 Rancho Los Vallecitos de San Marcos, according to Map thereof No. 806, filed in the office of the County Recorder of San Diego County, December 21,1895, more particularly described as follows: Beginning at the most Southeasterly corner of Sunshine Park Unit No. 3,according to Map thereof No. 4876, filed in the office of County Recorder of San Diego County, November 14, 1961, said corner also being the most Northeasterly corner of said Lot 4; thence Westerly along the Northerly lot line of said Lot 4, also being the Southerly boundary of said Sunshine Park Unit No. 3, North 67°55'16" West 141.00 feet; thence South 22°09'03'' West 140.00 feet; thence South 39°10'50"West 130.67 feet to the Southerly line of said North- erly Half of Lot 4; thence along said line South 67~55'19'' East 179.26 feet to the Easterly line of said Lot 4; thence along said Easterly line North 22~09'03" East 264.89 feet to the TRUE POINT OF BEGINNING. Containing 0.912 acres.